Releasing Deposit Early?

Guest101

Tiglet wrote: »

EPC, deposit protection etc. were all taken care of. I generally prefer 12 months (never had a bad tenant with this agent until now).

Regarding s8, am I restricted to the grounds I specify in the notice? e.g. if I list some rent arrears plus damage, does that stop me from adding more grounds later if the arrears reaches two months? I thought that for ground 8, there had to be 2 months' rent outstanding at the time of service of the notice.

Summary in reply to some of the other points: I did suggest to her that we could just "tear up the agreement" and she could walk away and find somewhere she can afford. The problem is that he is also listed as a tenant and that would take his agreement. I suspect that he won't be interested (he might even be in jail, I don't know), so I'm anticipating a court case will be needed to end it before the time is up.

At the moment, I'm assuming the least worst option is to let her carry on until the end of the tenancy. I don't want to go to court unless it becomes obvious that she can't pay the rent (or he returns and there's trouble)

Assuming they are joint tenants, since they are married, it could be argued that she could agree a surrender on his behalf.


What was he arrested for? If it was DV related, she may be able to get an occupation order, which would definitely let her surrender

Miss_Samantha

Guest101 wrote: »

Assuming they are joint tenants, since they are married, it could be argued that she could agree a surrender on his behalf.

No. Each joint-tenant must agree to a surrender.

I am not aware that an occupation order changes this, but it might order the tenancy to be transferred solely under her name, at which point she would obviously be able to surrender it on her own.

Tiglet

Guest101 wrote: »

Assuming they are joint tenants, since they are married, it could be argued that she could agree a surrender on his behalf.


What was he arrested for? If it was DV related, she may be able to get an occupation order, which would definitely let her surrender

That's interesting - I didn't know that.

She gave the impression it was DV. All the police would tell me is that they attended to arrest him, not specifically because of DV. But she said she expected him to be given bail on condition he didn't return or contact her, which suggests DV. He may actually be in jail, either way he's not staying there.

Guest101

Tiglet wrote: »

That's interesting - I didn't know that.

She gave the impression it was DV. All the police would tell me is that they attended to arrest him, not specifically because of DV. But she said she expected him to be given bail on condition he didn't return or contact her, which suggests DV. He may actually be in jail, either way he's not staying there.

You could help her, to help yourself then.


It's unlikely he'd be remanded.

[Deleted User]

I suggest that you discuss this more clearly with wife tenant, obtain a copy or photograph any paperwork she has if she is willing, and then I doubt you'd have any problems releasing her from the tenancy.

Make a quick visit to a solicitor to check if you want to confirm. Or maybe phoning Women's Aid or Shelter on the tenants rights in this situation.., once you have clarified what the situation is.

She probably needs to move for a number of reasons. She may recognise this, she may not.

I am not sure if I am out of date on this, but can't you phone the council and get HLA paid to yourself as the LL if arrears exist?

And I have to say.., might be more helpful to do more thorough checks on a tenant. A credit check will only show CCJ's and bankruptcies, LL reference can be overly favourable if the LL wants to get rid of tenants. Go to see them in their present property, ask for bank statements to show they can manage their money and pay rent regularly.

Miss_Samantha

A condition that he does not return to the property does not imply that he is no longer a joint-tenant, though.

Tiglet

I'll try to cover the last few posts.

The agents did the references and suggested all was fine, so I didn't see any details. I think she wants to stay put now, even though I did suggest she might want to leave. She's claimed HB, although they are only paying half because he is listed as a tenant. The HB will be paid to me.

She has paid some of the rent, (which is why I don't want to hit her with a s8 notice yet) but I imagine she will struggle to pay the rest, which probably means she'll just get further into arrears and it will eventually reach 2 months. At that point I'll start s8 proceedings. It would probably be better all round if she could leave before then, she could get somewhere on her own and get more HB, although I'd probably still have to get a court to remove him from the tenancy.

Assuming he is not in jail, he has presumably found somewhere else to live - does that make it easier to get possession or would I have to prove that he no longer needs to live in my property?

[Deleted User]

She needs to phone Women's aid and get advice from them (if DV involved) as I wonder if the full rent could be paid if she can state he was removed from the household for DV issues.., amongst other things even.